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First Circuit upholds sex offender civil commitment part of Adam Walsh Act

By Douglas A. Berman

This coming Monday morning, the Supreme Court is scheduled to hear oral arguments in United States v. Comstock (08-1224), in which the US sought cert to answer this question: Whether Congress had the constitutional authority to enact 18 U.S.C. 4248, which authorizes court-ordered civil commitment by the federal government of (1) "sexually dangerous" persons who are already in the custody of the Bureau of Prisons, but who are coming to the end of their federal prison sentences, and (2) "sexually dangerous" persons who are in the custody of the Attorney General because they have been found mentally incompetent to stand trial. Perhaps not coincidentally, the First Circuit has issued an opinion today in US v. Volungus, No. 09-1596 (1st Cir. Jan...continue to full post

Full post as published by Sentencing Law and Policy on January 08, 2010 (boomark / email).